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Immediate resignation and 13th month pay

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1 Immediate resignation and 13th month pay on Wed Sep 23, 2015 2:38 pm

aljisidro


Arresto Menor
my colleagues who are filing for immediate resignation were told that they could not get their 13th month pay. They were told about this 'rule' before the company released a memo about it. The memo does not ask us to sign any agreement. In our contract, I don't remember reading something like this though I know we have to render 30 days before effectivity date. I want to know if this action by the company is accepted. Thank you.

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2 Re: Immediate resignation and 13th month pay on Thu Sep 24, 2015 4:04 am

council


Reclusion Perpetua
aljisidro wrote:my colleagues who are filing for immediate resignation were told that they could not get their 13th month pay. They were told about this 'rule' before the company released a memo about it. The memo does not ask us to sign any agreement. In our contract, I don't remember reading something like this though I know we have to render 30 days before effectivity date. I want to know if this action by the company is accepted. Thank you.

It can be.

Because while there is no agreement or memo about it, the labor code says that failure to comply with the 30-day notice may entitle the employer to claim for damages against the employee.

In this case, the 13th month pay may be considered as payment (or liquidated damages).

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